Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Marginal note:Politically exposed persons

• 9.3 (1) Every person or entity that is referred to in section 5 and that is prescribed shall determine, in the prescribed circumstances and in accordance with the regulations, whether it is dealing with

  • (a) a politically exposed foreign person, a prescribed family member of a politically exposed foreign person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed foreign person;

  • (b) a politically exposed domestic person, a prescribed family member of a politically exposed domestic person, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with a politically exposed domestic person; or

  • (c) the head of an international organization, a prescribed family member of the head of an international organization, or a person who the person or entity knows or should reasonably know is closely associated, for personal or business reasons, with the head of an international organization.

• Marginal note:Measures — politically exposed foreign persons

  (2) If the person or entity determines that it is dealing with a person described in paragraph (1)(a), the person or entity shall take the measures referred to in the regulations.

• Marginal note:Measures — other persons

  (2.1) If the person or entity determines that it is dealing with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that there is a high risk of a money laundering offence or a terrorist activity financing offence being committed, the person or entity shall take the measures referred to in the regulations.

• Marginal note:Definitions

  (3) The following definitions apply in this section.

  head of an international organization

  head of an international organization means a person who, at a given time, holds — or has held within a prescribed period before that time — the office or position of head of

  • (a) an international organization that is established by the governments of states;

  • (b) an institution of an organization referred to in paragraph (a); or

  • (c) an international sports organization. (dirigeant d’une organisation internationale)

  politically exposed domestic person

  politically exposed domestic person means a person who, at a given time, holds — or has held within a prescribed period before that time — one of the offices or positions referred to in any of paragraphs (a) and (c) to (j) in or on behalf of the federal government or a provincial government or any of the offices or positions referred to in paragraphs (b) and (k):

  • (a) Governor General, lieutenant governor or head of government;

  • (b) member of the Senate or House of Commons or member of the legislature of a province;

  • (c) deputy minister or equivalent rank;

  • (d) ambassador, or attaché or counsellor of an ambassador;

  • (e) military officer with a rank of general or above;

  • (f) president of a corporation that is wholly owned directly by Her Majesty in right of Canada or a province;

  • (g) head of a government agency;

  • (h) judge of an appellate court in a province, the Federal Court of Appeal or the Supreme Court of Canada;

  • (i) leader or president of a political party represented in a legislature;

  • (j) holder of any prescribed office or position; or

  • (k) mayor, reeve or other similar chief officer of a municipal or local government. (national politiquement vulnérable)

  politically exposed foreign person

  politically exposed foreign person means a person who holds or has held one of the following offices or positions in or on behalf of a foreign state:

  • (a) head of state or head of government;

  • (b) member of the executive council of government or member of a legislature;

  • (c) deputy minister or equivalent rank;

  • (d) ambassador, or attaché or counsellor of an ambassador;

  • (e) military officer with a rank of general or above;

  • (f) president of a state-owned company or a state-owned bank;

  • (g) head of a government agency;

  • (h) judge of a supreme court, constitutional court or other court of last resort;

  • (i) leader or president of a political party represented in a legislature; or

  • (j) holder of any prescribed office or position. (étranger politiquement vulnérable)